| A Request for an Advisory Opinion, submitted by Daniel Gillane, concerning whether the Louisiana Code of Governmental Ethics ("Code") prohibits the award of gift cards to Lafayette Public Library ("Library") staff members by the Lafayette Public Library Board of Control ("Board") President. |
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Mr. Gillane is the Director of the Library and the Board wishes to recognize staff who have performed exemplary service (service that goes beyond their duties and responsibilities). The Board wishes to spotlight one (1) staff member at each public Board meeting by speaking about their service and providing them with a plaque and gift card. The Board President - who is currently Robert Judge - would purchase the gift card with his personal funds. They have inquired as to: 1) whether the Code prohibits the President from purchasing the gift cards; and, 2) whether the Code prohibits staff members from receiving the gift card.
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La. R.S. 42:1102(18) defines a "Public employee" as anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office; (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in the performance of a governmental function; and, (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
La. R.S. 42:1102(22)(a) defines "Thing of economic value" as money or any other thing having economic value.
La. R.S. 42:1111(A) prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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